Reglementări naţionale şi comunitare privitoare la soluţionarea cererilor de valoare redusă
National and communitarian regulations regarding the solutions given to small claims

Summary/Abstract: The author presents in this study an analysis of the main communitarian and national regulations regarding the solutions given to small claims. At the beginning of his scientific undertaking, the author presents also the main legislative evolutions in private law. The approach of such a problem can be explained, in the European context (and not only), by the stringent necessity to identify solutions that are efficient, flexible and that lack formalism, so as to counter the avatars of contemporary justice: over-encumbrance, slowness, exaggerated formalism etc. A special place within the study is held by the presentation of the main rules comprised in the EC Regulation no. 861/2007 of the European Parliament and of the Council, for the establishment of a European procedure regarding small claims. The author also ascertains the existence of regulating similarities between the evoked regulation and the EC Regulation no. 1896/2006 of the European Parliament and of the Council for the creation of a European order for payment procedure. At the end of the study, the regulations envisaged in this matter by the draft of the Civil procedure code are presented. The author remarks that the majority of these regulations are in fact taken over from the EC Regulation no. 861/2007. Certain peculiarities of our future regulations of the trialling procedure are evoked. However, they meet the minimal standards imposed by the analyzed communitarian regulation. The author pleads, at the end of his research, for the creation of a European enforcement order with a more generic character, and he underlines the fact that at this moment, the EEO (European enforcement order) is limited to uncontested claims, to small claims and to the orders for payment.

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